CASE NO. 6141 CRB-5-16-10
COMPENSATION REVIEW BOARD
WORKERS’ COMPENSATION COMMISSION
OCTOBER 24, 2016
CARMEN ANTHONY FISH HOUSE
AMTRUST NORTH AMERICA
On September 27, 2016 the trial commissioner acting for the Fifth District issued an Order assessing a penalty pursuant to Sec. 31-288(b).
An appeal was taken from that Order by respondents on October 13, 2016. No record exists. Due process requires an evidentiary hearing where a record can be created. Absent a record the Compensation Review Board cannot properly consider this appeal pursuant to Sec. 31-301(a).
The matter is therefore remanded to the trial commissioner for a formal hearing or other appropriate action. See Morgillo v. Ginnetti Trucking, 6009 CRB-3-15-3 (May 22, 2015); Brennan v. Comcast Corporation, 5638 CRB-6-11-3 (April 1, 2011).
John A. Mastropietro, Chairman
Compensation Review Board
Workers’ Compensation Commission